This Borbaki NoEdit End User License Agreement (Agreement or License or EULA) is between the end user (after this referred to as You or Licensee) and Borbaki NoEdit Co., the developer and owner of the program and Software (after this referred to as Licensed Software or Borbaki NoEdit or Software).
Please read this Agreement carefully before downloading or installing the Software. Full attention should be paid to such clauses, including but not limited to Articles 3, 5, 14, 15, 16, 19. If you disagree with or have any questions concerning this END USER LICENSE AGREEMENT (EULA), please contact Borbaki directly. Any installing, copying, accessing, or using the Licensed Software by you (the “Licensee”) constitutes an acceptance of, and a promise to comply with, all the terms and conditions of this EULA.
TERMS AND CONDITIONS:
The “Licensed Software” includes all of the components from third-party computer information or Software that the Licensor has licensed for inclusion in the Licensed Software; written materials or files relating to the Licensed Software (“Documentation”); fonts; modified versions, updates, additions, and copies of the Licensed Software, if any.
Subject to the terms and conditions of this Agreement and your payment of the license fee, Borbaki hereby grants you (an individual) the limited, revocable, personal, non-exclusive, and non-transferable right to download, install and activate the Software on one device solely for your personal, private and non-commercial use, except as otherwise provided in this Agreement or additional EULA. Sharing the Software with others or allowing others to view the contents of this Software violates the License. You may not make the Software available over a network or in any way provide the Software to multiple users unless you have purchased a multi-user license from Borbaki in advance. Borbaki reserves all rights not expressly granted to You in this Agreement.
Regarding the “NoEdit” software, there are different kinds of licenses.
Borbaki is committed to helping protect your privacy at all times except as otherwise provided in this Agreement. This statement explains the anonymous data collection process and usage practices for the Software Improvement Program of Borbaki.
To provide and improve the Software, its features, and user’s experience, we will automatically collect, maintain, process, and use information concerning how the various modules and functionalities of Borbaki NoEdit are being used. Information is also gathered anonymously for the purpose of statistical analysis about Software usage.
We will only use such information for the purpose of providing end users with the best possible software experience. The collected data will not be disclosed, shared, sold, traded or rented to any third parties for marketing purposes. For users who do not wish to enable this service, you may opt-out in the advanced options menu during the installation process.’
The Licensed Software contains technological measures that are designed to prevent its unlicensed or illegal use. The Licensed Software may contain enforcement technology that limits Licensee’s ability to install and uninstall the Licensed Software on a machine to no more than a finite number of times, for a finite number of devices and for a defined period in time designated by the purchased License. The Licensed Software may require activation during installation and in the Documentation. If any of such applicable activation procedure(s) is not followed, the Licensed Software may only operate for a finite period of time. If activation is required, but the Licensee doesn’t complete activation within the finite period of time set forth in the Documentation or explained during installation, the Licensed Software will cease to function until activation has been completed, by which time functionality will be restored. If Licensee has any problem with the activation process, Licensee may contact the Licensor customer service for support.’
Licensee may be granted an evaluation copy of the Licensed Software free of charge for a finite period of time (the “Evaluation Copy”). Certain features and/or functionality of the Licensed Software may be locked or unavailable in the Evaluation Copy. In order to benefit from all features and functionality of the Licensed Software, Licensee have to purchase a valid license activation key. From the moment that Licensee activates Licensed Software with a valid license key, the Evaluation Copy shall cease from being considered an Evaluation Copy and all the terms of this Agreement shall commence to apply in their entirety.
There are several kinds of License which Licensee may choose to purchase. If the Licensee chooses to purchase a lifetime license, you may use it until terminated. If you choose to purchase a license for a specific period of time, you can only use it during the specific period. You may terminate the License at any time by destroying the Software, together with all copies thereof. The License will be terminated automatically or otherwise cease to be effective if you fail to comply with any term(s) or condition(s) of this Agreement. You shall destroy and cease using the Software, together with all copies thereof immediately after the termination of the License.
Licensee may not rent, lease, lend, sell, assign, sub-license, redistribute or transfer the Licensed Software or the License granted by this EULA without prior written consent of the Licensor.
Licensor may provide Licensee with Software Updates and/or Content Updates from time to time at no charge during the Term of this Agreement. The Licensor may, at its sole discretion, decide if Licensee can get Software Updates and/or Content Updates free of charge or the Licensee has to pay for the Updates. For the purposes hereof, “Update” means a new version of the Licensed Software containing technical modifications, updated information, altered functionality, or any other changes that are intended by Licensor to improve or to add, delete or otherwise modify any aspect of the Licensed Software. “Content Update” shall mean an update of the content used by the Licensed Software that might need to be updated from time to time. If the Licensed Software is an Update to a previous version, Licensee must possess a valid License to the previous version. Any update provided by the Licensor to Licensee is made on a License exchange basis such that Licensee agrees, as a precondition for receiving an Update, that Licensee will terminate all of Licensee’s rights to use any previous version of the Licensed Software. However, Licensee may continue to use the previous version only to assist in transitioning to the Updated version. Once an Update has been released, the Licensor may cease service or support for prior versions, without any notice to Licensee. Software Updates and/or Content Updates may be provided via the Licensed Software or on the Licensor websites. This License does not permit Licensee to obtain and use a Software Upgrade and/or a new Licensed Software version. The Licensed Software may require Content Updates in order to work effectively.
The Licensed Software and any authorized copies that Licensee makes are the intellectual property of, and are owned by, the Licensor, and by third parties whose intellectual property has been licensed to the Licensor. The structure, organization, and code of the Licensed Software are the valuable trade secrets and confidential information of the Licensor and such third parties.
The Licensor is not obligated by this EULA to provide Licensee with any technical support services relating to the Licensed Software; however, Licensee may request additional support services for an additional charge or get free email support as the Licensor may offer from time to time during the term of this EULA. Email support includes business priority technical assistance for installation and troubleshooting, and upgrade and maintenance coverage.
Subject to the terms and conditions stipulated in Article 8, Borbaki shall be entitled to terminate this EULA immediately upon serving written notice on the Licensee in the following circumstances: If Licensee commits a material breach of any of its obligations under this EULA which is not capable of remedy or if Licensee commits a material breach of any of its obligations under this EULA which is not remedied within fifteen (15) calendar days after receipt of a notice from Borbaki. Termination of this EULA shall not affect any rights, obligations or liabilities of either party which have accrued before termination or which are intended to continue to have effect after termination.
THE LICENSED SOFTWARE IS PROVIDED TO LICENSEE “AS IS.” THE LICENSOR, AND THE LICENSOR SUPPLIERS, AFFILIATES, AGENTS, EMPLOYEES MAKE NO WARRANTY AS TO ITS USE OR PERFORMANCE. THE LICENSOR, AND THE LICENSOR AFFILIATES, MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT FOR, AND TO THE EXTENT, THAT A WARRANTY MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW IN LICENSEE’S JURISDICTION.
SOME FUNCTIONS OF THE LICENSED SOFTWARE (HEREINAFTER REFERRED TO AS “RESTRICTED FUNCTIONS”) ARE ONLY SUPPORTED BY USING THE THIRD PARTY PLUG-INS WHICH HAVE BEEN INSTALLED ON YOUR DEVICE. YOU AGREE THAT IT IS YOU, NOT LICENSOR, WHO ARE USING THE THIRD PARTY PLUG-INS. YOU SHALL NOT USE THE RESTRICTED FUNCTIONS OF THE LICENSED SOFTWARE UNLESS YOU HAVE GOT PROPER AUTHORITY TO USE THE THIRD PARTY PLUG-INS. FURTHERMORE, ALL THE RESPONSIBILITIES OF USING SUCH THIRD PARTY PLUG-INS WILL BE SOLELY BORNE BY YOU.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF BORBAKI NOEDIT IS AT YOUR SOLE RISK, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY IS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BorbakiOR AN AUTHORIZED REPRESENTATIVE SHALL CREATE WARRANTY.
THE SOFTWARE MAY CONTAIN “OPEN SOURCE” MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPYLEFT, GNU GENERAL PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE, MOZILLA LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, OR SIMILAR LICENSE). BORBAKI MAKES NO WARRANTIES WITH RESPECT TO OPEN SOURCE MATERIALS CONTAINED IN THE SOFTWARE. THESE EULA’S PROVISIONS ON RESTRICTION OF LIABILITY SHALL APPLY.
IN NO EVENT WILL THE LICENSOR, OR THE LICENSOR’S AFFILIATES, ITS EMPLOYEES, AGENTS BE LIABLE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL DAMAGES, OR ANY LOSS OF PROFITS OR SAVINGS, EVEN IF A REPRESENTATIVE OF THE LICENSOR OR ONE OF THE LICENSOR’S AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE’S JURISDICTION. THE AGGREGATE LIABILITY OF THE LICENSOR, AND THE LICENSOR AFFILIATES, ITS EMPLOYEES, AGENTS UNDER OR IN CONNECTION WITH THIS EULA, SHALL BE LIMITED TO THE FEES LICENSEE HAS PAID FOR THE LICENSED SOFTWARE, IF ANY.
IF THE SOFTWARE IS SUBJECT TO A THREATENED, POTENTIAL OR ACTUAL CLAIM OF INFRINGEMENT OF ANOTHER’S RIGHT FOR WHICH BORBAKI MAY BE LIABLE, THE LICENSEE WILL MAKE PROMPT AND REASONABLE EFFORTS TO STOP USING AND DELETE THE SOFTWARE UPON RECEIVING THE COMPANY’S WRITTEN NOTICE (INCLUDING BY EMAIL), BORBAKI MAY PROVIDE LICENSEE WITH A REPLACEMENT OR UPDATED OR MODIFIED SOFTWARE FREE OF CHARGE. IN SUCH CIRCUMSTANCE, BORBAKI SHALL NOT BEAR OTHER LIABILITIES TO YOU.
LICENSEE WILL INDEMNIFY AND HOLD LICENSOR HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING FROM OR RELATING TO LICENSEE’S ILLEGAL OR IMPROPER USES OF THE LICENSED SOFTWARE FROM ANY THIRD PARTY. LICENSEE’S OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
The Licensed Software enables the Licensee to enter content that will be stored on the device on which the Licensed Software is installed (such content shall be referred to herein as the “End-User Generated Content”). Licensee is solely responsible for Licensee’s use, storage and disclosure of the End-User Generated Content. Licensee may only use the End-User Generated Content responsibly, in a manner consistent with the exercise of good judgment. The Licensed Software may permit the Licensee to enter, copy, edit Content that constitutes non-public personal information of individuals other than the Licensee; the Licensee shall not use, store or disclose any such information without the express consent of the individuals to whom it relates. If Licensee is having difficulty deciding whether Licensee’s intended use is appropriate, or whether Licensee needs written permission, or whether other legal issues should be considered, the Licensor strongly encourages Licensee to seek competent legal counsel. The Licensor will not assist Licensee in making this determination, nor can the Licensor provide Licensee with legal advice as to intellectual property rights or privacy laws.
Licensee may only use End-User Generated Content which belongs to Licensee and will not violate the rights of others therein. The Licensor will not edit or monitor any and all Content; Licensee therefore assumes exclusive responsibility for the monitoring thereof. Licensee may not use the Licensed Software in conjunction with content that is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, or is in any other way objectionable.
Licensee is responsible for independently verifying the accuracy and completeness of Licensee’s contents (e.g. any technical illustrations or diagrams for operation guides, parts catalogs, schematics, writing diagrams, assembly instructions, maintenance manuals, architectural presentations or other materials You create and/or modify using Our Software).
If Licensee or Licensee’s attorney determines that Licensee is required by law to obtain written permission to use portions of the End-User Generated Content, Licensee must request permission for reproduction, redistribution, or modification of the Content from the appropriate owner of the subject materials (as may be cited in the Licensed Software). If, on the other hand, Licensee or Licensee’s attorney determines it is permissible to proceed and include End-user Generated Content from the Licensed Software, the Licensor asks Licensee to correctly designate the Licensor trademark(s) when referring to the Licensed software in the notice or copyright portion of Licensee’s paper, project, or product. Licensee shall indemnity, hold harmless, and defend the Licensor and the Licensor suppliers from all claims, damages, attorneys’ fees, costs, and lawsuits that arise from, or result from, Licensee’s use or distribution of any and all Content and its use of the Licensed Software.
During the term of this EULA, Licensee grants Licensor the right to include Licensee as a customer in software promotional material.
Licensee can deny Licensor this right by submitting a written request via email to email@example.com and requesting to be excluded from software promotional material. Confirmation of such denial (via reply email) must be received prior to purchasing for this exclusion to be effective.
Should the Licensee come to be or already be included in product promotional material, as a result of any prior purchases where the Licensee did not request exclusion from product promotional material, the Licensee can at any point in time, submit a written request via email to firstname.lastname@example.org to have Borbaki remove the Licensee’s name and other information from product promotional material. Upon receipt of such a request, Borbaki will remove any reference to the Licensee from such promotional material within 30 days and make no further reference to the Licensee.
This Additional EULA shall apply to Borbaki NoEdit (hereinafter referred to as NoEdit or software). This Additional EULA shall not apply to other NoEdit products except as otherwise provided by Borbaki.
IMPORTANT: This Additional EULA is part of “BORBAKI NOEDIT END USER LICENSE AGREEMENT”. By installing the Software, the End User (hereinafter referred to as you or the End User or Licensee) is agreeing to be bound by this Additional EULA , together with all the terms and conditions of “Borbaki NoEdit END USER LICENSE AGREEMENT”.
License for individual: Subject to the terms and conditions of this Agreement, Borbaki Hereby grants you (an individual) the limited, revocable, personal, non-exclusive, and non-transferable right to download, install and activate the Software on one device for your own use.
License for business entity: Borbaki has launched a Business Plan for business entities. Subject to the terms and conditions of this Agreement, Borbaki hereby grants you (business entity) the limited, revocable, non-exclusive, and non-transferable right to download, install and activate the Software on one device for your own use.
The Software and any authorized copies that Licensee makes are the intellectual property of, and are owned by, the Licensor, and by third parties whose intellectual property has been licensed to the Licensor. The structure, organization, and code of the Software are the valuable trade secrets and confidential information of the Licensor and such third parties.
Except as expressly provided in this EULA, Licensee is not granted any intellectual property rights over the Software. Licensee may not make or publish any public statement concerning the Software or the Licensor without the prior express written consent of the Licensor.
There are several kinds of License which Licensee may choose to purchase. If the Licensee chooses to purchase a lifetime license, you may use it until terminated. If you choose to purchase a license for a specific period of time, you can only use it during the specific period. You may terminate the license at any time by destroying the Software, together with all copies thereof. The License will be terminated automatically or otherwise cease to be effective if you fail to comply with any term(s) or condition(s) of this Agreement. You shall destroy and cease using the Software, together with all copies thereof immediately after the termination of the License.
IN NO EVENT WILL THE LICENSOR, OR THE LICENSOR’S AFFILIATES, ITS EMPLOYEES, AGENTS BE LIABLE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL DAMAGES, OR ANY LOSS OF PROFITS OR SAVINGS, EVEN IF A REPRESENTATIVE OF THE LICENSOR OR ONE OF THE LICENSOR’S AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE’S JURISDICTION. THE AGGREGATE LIABILITY OF THE LICENSOR, AND THE LICENSOR AFFILIATES, ITS EMPLOYEES, AGENTS UNDER OR IN CONNECTION WITH THIS EULA, SHALL BE LIMITED TO THE FEES LICENSEE HAS PAID FOR THE SOFTWARE, IF ANY.
IF THE SOFTWARE IS SUBJECT TO A THREATENED, POTENTIAL OR ACTUAL CLAIM OF INFRINGEMENT OF ANOTHER’S RIGHT FOR WHICH BORBAKI MAY BE LIABLE, THE LICENSEE WILL MAKE PROMPT AND REASONABLE EFFORTS TO STOP USING THE SOFTWARE UPON RECEIVING THE COMPANY’S WRITTEN NOTICE (INCLUDING BY EMAIL), BORBAKI MAY PROVIDE LICENSEE WITH A REPLACEMENT OR UPDATED OR MODIFIED SOFTWARE FREE OF CHARGE. IN SUCH CIRCUMSTANCE, BORBAKI SHALL NOT BEAR OTHER LIABILITIES TO YOU.
If there is any conflict between this Additional EULA Terms and the “BORBAKI NOEDIT END USER LICENSE AGREEMENT”, this Additional EULA shall prevail.
This EULA grants you the following rights with respect to the SOFTWARE:
Borbaki hereby grants you a revocable, personal, non-exclusive and non-transferable license to install and activate the Software on only one device (including but not limited to computer, cellphone, tablet computer, etc) for your personal and non-commercial use unless you have bought a commercial or business license. You may not make the Software available on a network, or in any way provide the Software to multiple users, unless you have first purchased at least a Business license or a Multi-users license from Borbaki. For Business License, you must provide the Software to multiple users according to the number of pieces you choose to buy at the time of purchase.
Borbaki has the right to stipulate a different restriction about the number of devices Software can be installed on in the product description at the time of purchase.
The trial license has fewer functions compared with personal license and business license, and can only be used for a specific period of time. After such period, you must purchase a personal license or business license if you want to continue to use Borbaki NoEdit. If you have bought a Personal License, you are restricted from using this Software for commercial or financial gain, including but not limited to, performing technical or consulting services.
If you are a service provider or managed service provider ( collectively, “MSP”) that provides software and systems management services, you must buy a Business License rather than a Personal License. And you may, subject to the terms and conditions of this EULA, use the Software in the performance of the foregoing services. Deployment for the purposes of servicing multiple customers concurrently per Software license is permitted only with a Commercial license. MSP may not permit their customers to access and/or use the Software directly, either via a hosted software solution or a hosted or leased hardware solution.
If you contract with a third party to perform services such as network management, monitoring, implementation, consulting or other outsourcing services for you (the “Consultant”), the Consultant may use the Software licensed by you solely for your benefit in the performance of such contract, provided, however, that you ensure that the Consultant uses the Software in accordance with the terms of this EULA. Notwithstanding the foregoing, the Consultant is not authorized under your license to use the Software for its own internal business use.
Borbaki respects and protects your privacy, and will not share, sell, use or disclose your personal information to any third-parties, unless your written agreement under related law and regulation.
Under the following conditions, Borbaki will disclose your personal information based on your will or the laws. You will be responsible for the resulting problems.
Obtain your prior authorization;
Reveal your personal information to offer products and services requested by you;
According to relevant laws, regulations or requirements of the relevant government agencies;
To protect Borbaki’s legal rights and interests;
You violate the provisions of the EULA;
The purchase of a license gives the End User the right to use the Software for a specific period of time or lifetime, which is decided by the license period you choose to buy.
BORBAKI DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST THE SOFTWARE BEFORE ANY LIVE, PUBLIC OR PRODUCTION USE, SO THAT YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING SOFTWARE, AND THAT IF YOU USE SOFTWARE IMPROPERLY OR AGAINST INSTRUCTIONS, YOU MAY CAUSE DAMAGE TO YOUR COMPUTER, CELLPHONE, TABLET COMPUTER, OTHER FACILITIES AND FACILITY SYSTEM. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SOFTWARE IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction.
BORBAKI DOES NOT ALLOW YOU TO UTILIZE OUR SOFTWARE TO DO ANYTHING THAT VIOLATES THE LOCAL LAW OR INFRINGE ANY PARTY’S RIGHTS OR INTELLECTUAL PROPERTY. IF YOU UTILIZE OUR SOFTWARE TO DO THE ILLEGAL ACTIVITY OR INFRINGE OTHERS RIGHTS, THE CONSEQUENT RESULT SHALL BE ON YOUR OWN RESPONSIBILITY. IF YOU DISAGREE WITH THIS ITEM, PLEASE DON’T INSTALL AND/OR USE THE SOFTWARE.
Adolescents may not use the services provided by Borbaki to browse the content of any illegal, obscene, pornographic and other violations of public order and morals.
To the maximum extent permitted by law, the final interpretation is left to our discretion. Should you have any questions concerning this EULA, or if you desire to contact Borbaki for any reason, please write to us.
If there is any conflict between this Additional EULA Terms and the “BORBAKI NOEDIT END USER LICENSE AGREEMENT” this Additional EULA terms shall prevail.